squatter? or legal tenant?

[mrinfred]

What is the name of your state? Maryland

Hello, I just stumbled onto these forums and have read to a great extent and didn't find an answer to my questions. Any and all help/information will be greatly appreciated.

I own a townhouse and have a tennant occupying the basement. There is NO lease and only a verbal agreement. The agreement is that rent must be paid in full by the first of the month and that my home is a peaceful environment and it must remain that way.

My roomate has gotten out of control as of late, rent has been late by more than 30 days and the tennant is keeping ficticious records trying to insist that rent was paid when I know fully well that it wasn't. To add, when I have friends or family over, he has become extremely rude and unpredictable. Not one person who has entered my home in the last 6 months has left without commenting on how rude the dude in the basement is.

My concern is that he apparently has a lawyer and was advised that he has "rights" and I could be held accountable for throwing him out on the streets should I decide to evict him. At this point, after telling him for the last 3 months that I want him out, I consider him to be a "squatter" and am considering having him evicted on those terms. However, without the knowledge I am not sure how this would pan out in court.

Some backround on him. He is on disability. Every job he has had in the last 9 years he has managed to get hurt enough to get disability. So he goes through bouts where disability cuts him off and he has nothing and other times he is suing a company and getting 10,000+ cash which he has nothing to show for it. Rent here is only 400 a month ( well below fair market) and he has had problems paying that at times (though I don't offer reciepts or anything as it's a verbal agreement). There is no doubt in my mind that he couldn't afford a one bedroom apartment and can't understand why he can't just honor my request and vacate. Now I have to figure out what my best course of action will be. Squatter or tenant with legal rights?

Sorry this is so long and I appreciate everyone who takes time to read through this nonsense.

~Michelle

 

[nextwife]

So follow legal eviction proceedings and give the guy proper 30 day written legal notice of eviction. IF he fails to pay next month, you may be able to accelerate the eviction process.

 

[mrinfred]

So follow legal eviction proceedings and give the guy proper 30 day written legal notice of eviction. IF he fails to pay next month, you may be able to accelerate the eviction process.

Do you know wether either would entitle me to file a no trespass order as well? I do fear he will do something in retaliation. I should have posted that as well, however, the situation has me all jumbled

 

[BL]

http://www.thelpa.com/lpa/landlord-tenant-law/maryland-landlord-tenant-law.html

Read through here ... and do a goggle search for Maryland landlord tenant law evictions .

Make sure you follow your locations processes .

And you were foolish not to give a receipt dated the date you received it each month , and the tenant was foolish for not having proof of payment .

Looks to me like a tenant as you have a verbal agreement for rental and were being paid .

 

[mrinfred]

http://www.thelpa.com/lpa/landlord-tenant-law/maryland-landlord-tenant-law.html

Read through here ... and do a goggle search for Maryland landlord tenant law evictions .

Make sure you follow your locations processes .

And you were foolish not to give a receipt dated the date you received it each month , and the tenant was foolish for not having proof of payment .

Looks to me like a tenant as you have a verbal agreement for rental and were being paid .

Thanks alot

 

[BL]

Thanks for editing your reply down . The foolish statement wasn't meant for insults , but rather it IS foolish for both parties to not protect themselves by having proper records , landlord and tenant alike .

I can understand your dilemma completely , unfortunately unless this individual is a threat or verbally threatens harm or destruction, you have to follow the Law .

Thanks but I don't consider myself to be "FOOLISH". I was simply
trying to help someone out who was in a tough situation. Things happened to
get out of hand by no wrongdoing on my part. I was simply asking for
advice. Even if he were paying rent on time, still my household is
being disrupted by someone who doesn't need to live here. I needed advice
NOT insults. I am actually a quite hard-working person who likes to
enjoy my home in peace after a long day of work but it has come to the
point that I hate coming home to the nonsense someone is throwing upon me
by taking advantage of what he considers to be the law. I was hoping
he was a squatter in case the situation becomes any more threatening.
I'm sure if you were in an unfortunate situation (helping someone out to
later realize they could be related as a con-artist) that you'd like
the smack in the face of being called foolish!

 

[danno6925]

simple solution

Simple solution. Pester him every time you see his face about the rent he hasn't paid. Nothing too harassing - just a tee shirt with the amount he owes you on it painted on the front. Point to it everytime you see him in the house. Eventually, he will blow his stack like the loser he sounds like, and he'll do something stupid like threaten you or even better, try to actually attack you. If he attacks you - take a couple shots to the face. Lean into them if he can't throw a punch if you have to. Then...

CALL THE COPS and say:
"There's a lunatic in my house beating the $h!t out of me. Get gim outta here!!!" Cops come, get "squatter" and you get a TRO, stating you are afraid he will physically harm you again.

Then all tyou have to do is get the address where he'll be going from the cops so you can send him a letter CRR that he has ten days from the date he confirms receipt to remove his belongings, or they will be donated to Goodwill.

It's what I did in a VERY similar situation (I'm in PA). Worked out in a most beautiful way. I sent the letter, and he sent a reply letter stating he felt terrible, blah blah blag, and that I could keep everything he left behind as payment of rent still outstanding (he still owed me 800+). Bet he about had a cat when he realize that one of his many many boxes left behind contained a check from his daddy dearest who wrote a check made out to cash for 5,000.00 Seems daddy gave him some help to get out of his situation with me about a month before he was escorted out, and he forgot all about the check!! Who the hell forgets where they put 5K anyway!?! Proof positive that fact will always be far stranger than fiction, but I got my apartment back, a new HDTV, and a peaceful home.

Hope it all works out for ya!

 

[Zigner]

Proof positive that fact will always be far stranger than fiction, but I got my apartment back, a new HDTV, and a peaceful home.

Hope it all works out for ya!

Nice story - oh, but you do realize that you weren't entitled to keep anything beyond the value of the rent owed and any damages caused, don't you?
So, you're saying that the proceeds from the sale of all his belongings + the $5,000 check didn't cover that? Or, are you saying that you basically stole the money from your tenant?

 

[acmb05]

Nice story - oh, but you do realize that you weren't entitled to keep anything beyond the value of the rent owed and any damages caused, don't you?
So, you're saying that the proceeds from the sale of all his belongings + the $5,000 check didn't cover that? Or, are you saying that you basically stole the money from your tenant?

Yep I think that is what she is saying.

 

[cmpg32]

Simple solution. Pester him every time you see his face about the rent he hasn't paid. Nothing too harassing - just a tee shirt with the amount he owes you on it painted on the front. Point to it everytime you see him in the house. Eventually, he will blow his stack like the loser he sounds like, and he'll do something stupid like threaten you or even better, try to actually attack you. If he attacks you - take a couple shots to the face. Lean into them if he can't throw a punch if you have to. Then...

CALL THE COPS and say:
"There's a lunatic in my house beating the $h!t out of me. Get gim outta here!!!" Cops come, get "squatter" and you get a TRO, stating you are afraid he will physically harm you again.

Then all tyou have to do is get the address where he'll be going from the cops so you can send him a letter CRR that he has ten days from the date he confirms receipt to remove his belongings, or they will be donated to Goodwill.

It's what I did in a VERY similar situation (I'm in PA). Worked out in a most beautiful way.

Hmmm...doesn't seem like a very "simple solution". Actually seems like very dangerous advice. Placing one's self in the direct path of bodily injury is never a wise (or safe) idea.....

And, was the "lunatic" tenant being criminally charged? Without an arrest, I'd like to know what part of PA you're in if the police will remove someone from their residence w/o telling the complainant (and the alleged lunatic) that he has every right to return until you formally evict him. If he was arrested, did the DA issue a criminal protective order? Because in PA, there isn't a "TRO", only a 'Temporary Protection from Abuse Order' which can only be filed when there is an intimate (past or present) relationship (or a family tie, through blood or marriage)...a 'roommate' relationship would not qualify, so I'm a little confused there - but curious to know how or where, if you actually received one.

Anyway, Michelle, lot's of other good advice here - I'd stay away from this one....it could be deadly or disfiguring if it backfires.